Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Two common reasons for negative wet smear in victims of sexual assault are: (i) delay in taking the samples, due to late reporting; and (ii) Washing of genitals...........
Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Where `human male DNA profile' could not be detected in vaginal swab of victim, no question would arise for its matching with DNA profile of blood samples of accused persons...........
Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Absence of positive sign of rape in medical evidence in facts and circumstances of case would cause no effect on case of prosecution if evidence of victim of rape inspires confidence...........
Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Victim was medically examined after about 12 hours even after her production with police requisition before doctor, which itself diminishes the possibility of presence of any positive sign of rape particularly when victim is rustic, schedule tribe illiterate old woman...........
Evidence Act, 1872, Section 8 -- Rape case - Admissible evidence - PW2 grandson of victim, deposed that victim had complained to him that accused persons took her away towards river and committed rape on her as per early statement of victim - Evidence of PW2 is legally admissible as evidence of conduct as it is corroborated the evidence of victim...........
Indian Penal Code, 1860, Section 366, 376(2)(g), 34 -- Abduction and gang rape - Evidence of victim - Reliability - Accused allegedly took victim away towards river and committed rape on her - Evidence of victim who happens to be widow of 55 years old appears to be no tinge of exaggeration so as to falsely implicate three accused who incidentally are of same age i.e 23-24..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of prosecutrix who belongs to Schedule Caste (SC) - No averments in FIR that incident happened with prosecutrix only for the reason that she happened to be SC - There is no imputation made against accused that they have committed any atrocities on prosecutrix being SC -..........
Indian Penal Code, 1860, Section 376, 120B -- Rape - Conspiracy - Prosecutrix allegedly handed over by three co-accused to accused `D' who committed rape upon her - Co-accused left the spot after handing over prosecutrix to accused `D' - No evidence of any pre-mediation or pre-arranged plan by accused, thus, there was no common intention to commit the offence - Moreover,..........
Indian Penal Code, 1860, Section 323, 506 -- Offence u/s 323, 506 IPC - Prosecutrix alleged that she was beaten up and threatened by accused that in case she narrated the incident of rape, they would burn their house and kill them - However, when prosecutrix appeared as PW1, she deposed that accused threatened her that he would put up her on fire - Contradictions in the..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - No evidence on record to prove that entry in the family register regarding age of prosecutrix was made on the basis of birth register issued by Hospital where prosecutrix was born - Age of prosecutrix was not got determined from radiologist in order to corroborate the entry made in family register -..........
